Application for Stay of Demand — Template
Ready-to-use draft reply template for stay of tax demand during appeal pendency under the Income Tax Act. Includes format, legal references, and compliance notes. Illustrative only — customize based on your specific case facts and professional advice.
Illustrative Only
This draft is for educational purposes. Every case has unique facts. Customize with help of your Chartered Accountant or Tax Advocate. TaxClue accepts no liability.
Notice Reference
Section: Section 220(6)
Response Deadline: As specified in the notice (typically 15-30 days)
Filing: E-filing portal (incometax.gov.in) → Pending Actions → Response to Notices
When Do You Receive This Notice?
stay of tax demand during appeal pendency is issued by the Assessing Officer / CPC when Section 220(6) provisions are triggered. You must respond within the time specified in the notice — failure to respond can result in best judgment assessment, penalty, and prosecution.
Draft Reply
Subject: Application for Stay of Demand under Section 220(6) — PAN: [PAN] — AY [Year] — Demand Rs. [Amount]
I/we have filed appeal before CIT(A) against the assessment order. As per CBDT Instruction dated 31.07.2017 (F.No.404/72/93-ITCC), I/we have paid 20% of the disputed demand = Rs. [20% Amount] vide Challan dated [Date].
I/we request stay of the balance demand of Rs. [80% Amount] during the pendency of appeal on the following grounds: (a) strong prima facie case on merits, (b) recovery would cause genuine hardship, (c) balance of convenience favors stay.
Key Compliance Notes
Key: CBDT instruction says AO SHOULD grant stay if 20% paid and appeal pending. If AO refuses: approach CIT → PCIT → ITAT for stay. ITAT has inherent power to grant stay for 180 days (extendable). Courts have held that coercive recovery during appeal pendency is against natural justice.
Documents to Attach
| # | Document | Purpose |
|---|
| 1 | Copy of the notice received | Reference |
| 2 | Copy of ITR filed for the relevant AY | Proof of filing |
| 3 | Computation of income with supporting schedules | Substantiation |
| 4 | All documentary evidence supporting your position | Evidence |
| 5 | Bank statements, Form 26AS, AIS for the relevant period | Verification |
Response Tips
(1) Always respond within the deadline — non-response leads to adverse order. (2) Upload response on e-filing portal under Pending Actions. (3) Keep acknowledgment of submission. (4) Attach ALL supporting documents — incomplete response may be treated as non-response. (5) If time is insufficient, file adjournment request with reasons.
Disclaimer
This article is for general informational and educational purposes only. Consult a qualified Chartered Accountant, Tax Consultant, or Advocate before acting. TaxClue Consultech Pvt Ltd accepts no liability. All drafts and templates are illustrative only.
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❓ Frequently Asked Questions
How much time do I have to respond?
Typically 15-30 days from the date of service of notice. Check the specific notice — it will mention the exact date by which response must be filed. If insufficient time, you can request adjournment through the e-filing portal with genuine reasons (medical emergency, CA not available, documents being gathered).
What happens if I don't respond?
Non-response can result in: best judgment assessment under Section 144 (AO estimates your income), penalty under Section 270A/271, and prosecution under Section 276CC for willful failure. The assessment order passed ex-parte (without your input) will typically result in higher tax demand. You can still appeal but the burden becomes heavier.
Can I file the response online?
Yes — all responses must be filed on the Income Tax e-filing portal (incometax.gov.in). Navigate to Pending Actions → Response to Outstanding Notices. Upload your written submission in PDF format along with supporting documents. Keep the acknowledgment/receipt for your records.
